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Fair Use Policy
Interpretation
The definitions at clause 1 of the Terms and Conditions shall apply throughout this Fair Use Policy (‘FUP’). For the avoidance of doubt, references to ‘we/our/us’ shall mean Frontline Consultancy & Business Services Limited. Refences to ‘you/your’ shall mean the Customer.
- General
1.1 – By engaging us to provide Managed and / or Support Services, you shall be deemed to have accepted and act in accordance with the terms of this FUP.
1.2 – As part of the Managed Service Desk services offered by Frontline, we offer the recording of unlimited support incidents, however, in order to provide the agreed support, the service is subject to the Excessive Use and Unreasonable Use caveats below.
1.3 – In engaging us to provide Services, you agree and warrant that you will not use the Services in a fraudulent manner or a manner in which could cause nuisance to us or our staff.
- Excessive Use
2.1 – The FUP only applies to tickets raised by your staff and exclude our infrastructure or Hardware underpinning the service (such as hypervisor, hardware, internet connection). The FUP also applies to ‘change’ tickets that are raised (by either you or us) in the management, support or provision of the service. Where automated tickets are received, these will not be included in the total number of tickets per month.
2.2 – All Managed Services are defined based on license costs and estimated time required to provide a professional service, as outlined within the Proposal, PID, the relevant SOW or as otherwise agreed in writing between you and us. Where the number of tickets raised, for a specific service and within the hours of cover as agreed, is greater than:
2.2.1 – 3 times the total number of users or assets agreed within the Proposal (or any associated documents forming part of the Contract) on a standard basis (9am-5pm);
2.2.2 – 4 times the total number of users or assets agreed within the Proposal (or any associated documents forming part of the Contract) on an extended basis (7am-7pm)
2.2.3 – 5 times the total number of users or assets agreed within the Proposal (or any associated documents forming part of the Contract) on a 24-hour basis to 24 x 7,
(the ‘Permitted Usage’)
this will be deemed as excessive use (Excessive Use) and you will be in breach of the FUP. Time (or time spent addressing tickets) will be charged for retrospectively. A tolerance of 10% overage above the Permitted Usage is acceptable and will not be deemed as Excessive Use, however where this is exceeded, it will be charged for at hour standard rate during working hours and our out of hours rate should this be required. Where multiple tickets are raised for the same issue, we may, at our sole discretion, consolidate these tickets into one problem ticket for the purposes of the FUP.
2.3 – All of our Managed and Support Services are priced as an estimated amount of time per user/device per month as agreed between us within the Proposal or affixed Statement of Works. Where Excessive Use occurs in any given month against any specific service based on total time used vs time estimated, we will raise this with you and seek to agree corrective actions in the following month which may include charging for excessive time at our discretion.
2.4 – Regarding SaaS based services, these would be priced as an estimated amount of time per user or asset per month, depending on the respective service.
2.5 – The FUP applies if you require technical attendance to either 10 CABS (a Change Advisory Board (CAB) is defined as one change irrespective of failed and retried changes) or greater than 10 hours’ worth of time in any calendar month, where this is the case, a charge will be applied as per the current rate card for the technical support requirements as set out within the Proposal, PID, the relevant SOW or as otherwise agreed in writing between you and us. This is specific to your initiated change in respect of the Managed Services, only. *
2.6 The following conditions also apply under this FUP.
- Unreasonable Use
3.1 – Unreasonable Use occurs where:
(a) someone other than a User, as defined in the Proposal (or any associated document forming part of the Contract), Service Agreement or any other document forming part of the Contract, uses the Service, unless agreed between us; or
(b) the Customer repeatedly attempts to use the Service for reasons not covered in the Service Agreement.
3.2 – Excessive and/or Unreasonable use caused by the Supplier’s breach of the Terms and Conditions shall not be deemed a breach of this FUP to the extent that such breach caused the Excessive or Unreasonable use.
3.3 – Any such usage will be deemed to have breached the FUP, at which point the Supplier will initiate the following remedial actions:
3.4 – Remedies
(a) We will contact you to inform you of Excessive and/or Unreasonable use
(b) We will offer you one or more of the following options:
(i) the Supplier Service Delivery Manager will review all of your Incidents and suggest improvements which could reduce the number of Incidents being logged by the users;
(ii) Issues logged under excessive or unreasonable conditions will be charged at an additional rate;
(iii) An alternative Service product;
(iv) The scope and price of the Support agreement be modified (i.e. changed to Extended Support or 24/7 Support) to reflect increased usage, and Excessive Use will be redefined on that basis;
(v) The Service may be suspended or limited for any period we deem necessary (to bring usage over time back in line with the FUP).
(c) You will use your best endeavours to agree to our suggestions, such compliance not to be unreasonably withheld, conditioned or delayed. Failure to do so may result in us taking the action set out in section 4.
- Withdrawal/Suspension
4.1 – Notwithstanding any Proposal, Service Agreement or associated document forming part of the Contract between us and you, we, Frontline, shall have the right to, at our sole discretion, suspend or withdraw the Services provided to you where the following occurs:
(a) Excessive Use – Following our notification to you of the Excessive Usage:
(i) corrective action cannot be agreed with you in accordance with the dispute resolution term contained within the Service Agreement in force during the time of Excessive Usage; and/or
(ii) you remain in persistent Excessive Usage, being for a period of [2] consecutive months.
(b) Unreasonable Use – Following us contacting you and outlining the options listed above in clause 3.3(b):
(i) you refuse or fail to engage with us in relation to the options above and the Unreasonable Use persists for a period of 30 days following contact us; and/or
(ii) you unreasonably withhold compliance with our provided options.
4.2 – For the purposes of the Contract to which this FUP is appended, any acts or omissions undertaken by you as outlined in 4.1(a)(i), 4.1(a)(ii), 4.1(b)(i) or 4.1(b)(ii) shall constitute a material breach of such Contract and we shall have the right to terminate in accordance with the Contract.
4.3 – Where any terms above conflict with those in the Contract, the terms of the Contract shall take precedence.